Legal Opinion

Hutchings' Widow v. Johnson's Heirs

Supreme Court of Louisiana

Decided September 15, 1841PublishedCited by 2 opinions

WesterN Bis. APPEAL FROM THE CQU31T OF THE FIFTH DISTRICT FOR THE PARISH OF ST* MART, THE JUDGE OF THE SEVENTH PRESIDING* This is an action to recover the value of the services of five slaves, alleged to have been in the possession of the defendants under mortgage for the space of seven years. Their services are alleged to be worth fifteen dollars per month each, independent of their clothing and other expenses.

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WesterN Bis. APPEAL FROM THE CQU31T OF THE FIFTH DISTRICT FOR THE PARISH OF ST* MART, THE JUDGE OF THE SEVENTH PRESIDING* This is an action to recover the value of the services of five slaves, alleged to have been in the possession of the defendants under mortgage for the space of seven years. Their services are alleged to be worth fifteen dollars per month each, independent of their clothing and other expenses. He prays judgment for the amount of said hire ; or if the defendants succeed in establishing their demand, that the amount of the hire of these slaves go in compensation thereof. The…

1Opinion of the CourtBullard, J.

*438The history of this case m,ay he seen by reference to the oases of Hutchings vs. Field et al., and Hutchings vs. J. L. Johnson, 10 La. Rep., 245, 257. This court having decided in the case first mentioned, that a certain contract between Johnson and others and Hutchings was not one of sale of the slaves in controversy, but rather of mortgage or antichresis, he recovered them and the latter case between him and Johnson was remanded for a new trial in consequence of that change in the condition of the parties. The pleadings were amended; the defendants claiming in an amended answer the amount…

2Cases cited1 opinion

  1. Hutchings v. Johnson's HeirsSupreme Court of Louisiana · 1836

3Cited by2 opinions

  1. Marr v. HydeSupreme Court of Louisiana · 1844
  2. Succession of HutchingsSupreme Court of Louisiana · 1845

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